Krishna Pawar & ORS v. M/S Delhi Stock Exchanged Ltd.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10322/2015 KRISHNA PAWAR & ORS ..... Petitioners Through:

Mr. Prem Kumar Singh, Advocate.

versus M/S DELHI STOCK EXCHANGED LTD.

..... Respondent Through:

Mr. Arun Mehta, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 22.12.2016 1.

On 7.12.2016, the following order was passed by this Court:- 1.

This writ petition is filed against the Delhi Stock Exchange Limited.

Though the writ petition would be maintainable against Delhi Stock Exchange Limited if it continued to be a State in view of the judgment of the Supreme Court in the case of K.C.Sharma Vs. Delhi Stock Exchange & Ors. (2005) 4 SCC 4 however, counsel for the respondent/Delhi Stock Exchange Limited states that Delhi Stock Exchange Limited is not doing any business from the last 10 years and in fact it has been derecognized in terms of the Government of India's circular dated 15.3.2016, and a copy of which is taken on record.

2.

Learned Single Judge of this Court in the judgment in the case of Asulal Loya Vs. Union of India (2008) 154 DLT 314 has held that if the respondent is not a State or another authority at the time when the judgment is pronounced then writ petition does not lie.

W.P.(C) 10322/2015

3.

Counsel for the petitioner wants to examine the issue.

4.

List on 22nd December, 2016."

2.

Counsel for the petitioners states that he has instructions to withdraw the petition but liberty be given to the petitioners to file appropriate independent proceedings in accordance with law. 3.

In view of the above, this petition is allowed to be withdrawn with liberty to the petitioners to file appropriate independent proceedings in accordance with law.

VALMIKI J. MEHTA, J DECEMBER 22, 2016 AK W.P.(C) 10322/2015